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GAO Protest Further Delays Government Efforts to Clear Investigations Backlog

Client Alert | 1 min read | 04.04.17

Those hoping the Office of Personnel Management’s IDIQ contract for investigative services for the National Background Investigations Bureau will alleviate the investigations backlog for industry personnel with clearances through the Defense Security Service (DSS) will have to wait a few more months due to two GAO protests filed in February 2017, with a decision to be issued no later than May 24, 2017. The pending IDIQ contract is one of several measures the government has taken to ease the security investigations backlog, following a DSS announcement on January 6, 2017 that it would submit cleared contractor personnel with a TS (and other Tier 5) clearance for periodic reinvestigation every six years, versus the previous five-year standard. The policy extending the reinvestigation period in turn followed DoD guidance that eligible personnel should not be denied access based on an out-of-scope-investigation.

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Client Alert | 3 min read | 02.11.26

Clicking All the Right Boxes: FTC Moves to Revive “Click-to-Cancel” Rule Following Eighth Circuit Vacatur

On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates....